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ENVIRONMENTAL REFORM (CONSEQUENTIAL PROVISIONS) ACT 1999 NO. 92, 1999 - SCHEDULE 9

- Miscellaneous

1 Regulation-making power

(1) The Governor-General may make regulations prescribing matters:

(a)
permitted by this Act to be prescribed; or

(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make transitional or saving provisions relating to either or both of the following:

(a)
the enactment of the Environment Protection and Biodiversity Conservation Act 1999 ;

(b)
the repeal of all or any of the Acts repealed by this Act.

(3) Subitem (2) does not limit subitem (1).

2 Compensation for acquisition of property

When compensation is necessary

(1) If, apart from this item, the operation of this Act would result in an acquisition of property from a person that would be invalid because of paragraph 51(xxxi) of the Constitution (which deals with acquisition of property on just terms) the Commonwealth must pay the person a reasonable amount of compensation.

Definition

(2) In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

Court can decide amount of compensation

(3) If the Commonwealth and the person do not agree on the amount of compensation to be paid, the person may apply to the Federal Court of Australia for the recovery from the Commonwealth of a reasonable amount of compensation fixed by the Court.

Other compensation to be taken into account

(4) In assessing compensation payable by the Commonwealth, the Court must take into account any other compensation or remedy arising out of the same event or situation.

[ Minister's second reading speech made in—
Senate on 10 December 1998
House of Representatives on 29 June 1999 ]
(237/98)


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